Juniata sentinel and Republican. [volume] (Mifflintown, Juniata County, Pa.) 1873-1955, 1887-04-27

or may bring suit in Lis or their OWL
behalf for the recovery of the damages
for which such common carrier may bt
liable under the provisions of this act in
any district or circuit court of the
United States of competent jurisdiction
but such person OF persons shall no,
have the right to pursue both of said
Eremedies, and must in each case elect
(which one of the two methods of pro.
tcedure herein provided for he or they
will adopt. In any such action brought
for the recovery of damages the court
before which the same shall be pending
Imay compel any director, officer, re.
ceiyer, trustee, or agent of the corpora
ton or company defendant in such suit
to attend, appear, and testify in such
case, and may compel the production of
the books and papers of such corpora
ton or company party to any such suit;
the claim that any such testimony or
leyidence may tend to criminate the per-
son giving such evidence shall not ex-
cuse such witness from testIfying, but
i'such evidence or testimony shall not be
used against such person ON the trial of
any criminal proceeding.
Sec. 10. That any common carrier
subject to the provisions of this act, or,
whenever such common carrier is a cor
poration, any director or officer thereof,
or any receiver, trustee, lessee, agent,
or person acting for or employed by
such corporation, who, alone or with
any other corporation, company, person,
or Iarty, shall wilfully do or cause to be
done, or shall willingly suffer or permit
to be done, any act, matter, or thing in
this act prohibited or declared to be
unlawful, or who shall aid or abet
therein, or shall wilfully omit or fail to
do any act, matter, or thing in this act
required TO be done, or shall cause or
willingly suffer or permit any act,
matter, or thing SO directed or required
by this act TO be done not to be SO done,
or shall aid or abet any such omis-
SION or failure, or shall be guilty of
any infrac ion of this act, or shall aid or
abet therein, shall be deemed guilty of
misdemeanor, and shall, upon cOnvic-
ton thereof in any district court of the
United States within the jurisdiction of
which such offence was committed, be
subject to fine not to exceed five thou
sand dollars for each offence.
Sec. II. That a commission Is hereby
created and established TO he known as
the Interstate Commerce Commission,
which shall be composed of five Com
Inissioners, who shall be appointed by
the President, by and with the advice
and consent of the Senate. The Com
missioners first appointed under this act
shall continue in office for the term of
two, three, four, five, and six years,
respectively, from the first day of jan
uary, Ammo Domini, eighteen hundred
ari eighty-seven, the term of each to
bs designated by the President; but
t;leir successors shall be appointed for
tsans of six years, excep. that any per-
~. chosen to fill vacancy shall be ap-
ed only for the unexpired time of
!. : asssl s.ss=--oner whorf ifc shall SUR
'ee.eE Any Commissioner may be re-
ms,red by the President for inefIiGienoy,
neglect of duty, or malfeasance in office,
Not more than three of the Commits
sioHers shall be appointed from the same
political party. No person iii the employ
of or holding any official relation to any
common carrier subject to the provis-
ions of this act, or owning stock or bonds
thereof, or who is in any manner pecu-
niarily interested therein, shall enter
upon the duties of or hold such Office.
Said Commissioners shall not engage in
any other business, vocation or employ
ment. No vacancy in the Commission
shall impair the right of the remaining
Commissioners to exercise all the pow
ers of the Commission.
Sec. u. That the Commission hereby
created shall have authority to inquire
into the management of the business of
all common carriers subject TO the pro-
visions of this act, and shall keep itself
informed as to the manner and method
in which the same is conducted, and
shall have the right TO obtain from such
common carriers full and complete in
formation necessary to enable the Com
mission TO perform th6 duties and carry
out the objects for which it was created;
and for the purposes of this act the
Commission shall have power to require
the attendance and testimony of wit
nesses and the production of all books,
papers, tariffs, contracts, agreements,
and documents relating to any matter
under investigation, and TO that end
may invoke the aid of any court of the
United States in requiring the attend
anGe and testimony of witnesses and the
production of books, papers, and docu-
ments under the provisions of this Sec
tion.
And any of the circuit courts Of the
United States within the jurisdiction of
which such inquiry is carried Oh may,
in case of Contumacy or refusal to obey
a sup9na issued t. any common carrier
subject to the provisions of this act, or
other person, issue an order requiring
such common carrier or other person to
appear before said Commission land
produce books and papers if so ordered
and give evidence touching the matter
IN question; and any failure to obey
such order of the court may be punished
by such court as contempt thereof.
The claim that any such testimony or
evidence may tend to criminate the per-
son giving such evidence shall not ex-
cuse such witness from testifying, but
such evidence or testimony shall not be
used against such person on the trial Of
any criminal proceeding.
Sec, 13. That any person, firm, cor
poration, or association, or any mercaG-
tile, agricultural, or manufacturing
society, or any body, polite or municipal
organization complaining of anything
done or omitted to be done by any COM
mon carrier subject 10 the provisions of
this act in contravention of the provis-
ions thereof, may apply to said Com
m ssion by petition, which shall briefly
state the facts; whereupOn statement
of the charges thus made shall be for
warded by the Commission to such CON-
mon carrier, who shall be called upon to
satisfy the complaint or to answer the
same in writing within a reasonable
time, to be specified by the COMMISSION.
If such common carrier, within tho
time specified, shall make reparation for
the injury alleged to have been done,
said carrier shall be relieved of liability
TO the complainant only for the particu-
lar violation of law thus complained of.
If such carrier shall not satisfy the
complaint within the time specified, or
there shall appear to be any reasonable
e IL IL.